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(영문) 의정부지방법원 2014.06.12 2014고합63
살인미수
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A defendant shall be punished by imprisonment for five years.

2.2.2.2.2.2.2.2.2.20 per cent of excess of 1 per cent of 1 per cent of the seized red color.

Reasons

Criminal facts

Around 17:00 on January 28, 2014, the Defendant: (a) while drinking alcohol together with the victim E (50 years of age), F, and G, the Defendant had the victim, a dispute, and body fighting with the victim while drinking alcohol; (b) the Defendant did not participate in the erobbbation, and then purchased two excessive son ( approximately 23 cm, approximately 16 cm, No. 1, and No. 2) from the Iart located at the Ha Government-si of the Republic of Korea (H) around 17:5 on the same day after the math of the erobb, and called the victim out of the erobb.

Therefore, the victim tried to kill the victim's chest on the lower hand with two knife knife knife knife knife knife knife knife knife knife knife knife knife, but the victim did not knife knife knife knife and knife knife knife.

In the end, the Defendant attempted to murder the victim, but did not commit an attempted crime because he did not bring about about about 10 cm with a size of 10 cm on the chest of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Each police statement made to J and F;

1. The police seizure record and the list of seizure;

1. A detailed statement of excessive purchase, and a field photograph of the site on which excessive purchase is purchased;

1. Investigation report (verification of the degree of injury of a victim and submission of a written diagnosis of injury);

1. Application of each existing statute referred to in subparagraphs 1 and 2, of seized evidence;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for not less than five years nor more than thirty years;

2. Scope of the recommended punishment according to the sentencing guidelines (determination of types), murder crimes, the basic area of the two types (the scope of the recommended area and the scope of the recommended punishment), the basic area of imprisonment between April and August 10; and

3. Determination of sentence: Imprisonment with prison labor for the defendant for five years; and

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